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|5th September 2008, 15:40||#1|
Join Date: Aug 2005
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Please help with property link documents
I am trying to sell an apartment in kondapur, hyderabad. The buyer wants link documents for the last 30 years. He claims that the bank needs them. An EC is also not sufficient as per the buyer's claims. I took a loan to buy the house and my bank did not ask for the link documents.
So I asked the buyer to apply for the link documents and he mentions that it would cost 20K and that I would have to bear that expense.
1) First, I don't think that it would cost that much. Could anyone help me with the approximate cost for the link documents and how much time it would take to get the same. I can then plan to go down to hyderabad and apply for them myself (am currently in chennai). Even if I can get the phone number for the registrar's office in Moosapet, that would also help.
2) Do I have to bear the charges for the link documents?
I was not given the link documents by the builder and neither does the building association have it either. I shall not go into the details as to why none of us have the link documents as that is another long story.
Thanks in advance,
Please post in the appropriate sub forums.
Last edited by Jaggu : 5th September 2008 at 16:05.
|5th September 2008, 17:30||#3|
Join Date: Jan 2008
Thanked: 6 Times
AFAIK it is better/safe if you have the link documents but not mandatory for you to execute the deal. Did all the potential buyers insist for the link document or is it just one of them? I would say ignore this guy and look out for other potential buyers unless he is offering significantly more than the other buyers.
|5th September 2008, 19:53||#6|
Join Date: Oct 2005
Thanked: 2,017 Times
Its not so simple. I do not know when dwarakv bought his apartment and what were the prevailing ground realities at that time. But today as I understand it no land transaction gets completed without the link documents.
Now if yours is an apartment then the builder will have a link document with him. With the mutation of the land (as it happens for apartments) each of you have a small relative portion of the land to your name. But net net, a Link Doc is necessary. I will try to find some more details for you by monday. Lets see.
By the way, the Link Document is the one that shows how the previous ownership for the piece of the land draws up till date. Typically nowadays banks in Hyderabad ask for 30 years' link document before they decide to finance the deal. It has become necessary so that people do not enter bogus deals and then go down and take the bank along with them.
|5th September 2008, 20:35||#7|
Senior - BHPian
Join Date: Jan 2008
Thanked: 352 Times
Even in mumbai, HDFC Ltd will not grant loans if "Chain of Sales Deed Agreements" is not complete.
Usually it will start with:
-->Govt lease document for 900 years for land:
...> Buyer 1
.............>Lease Transfer to builder
------------>Sales Deed Agreement between Builder and Flat Buyer
--------------->------------>Sales Deed Agreement between Flat Buyer 1 and Buyer 2
and so on
|5th September 2008, 20:54||#8|
Join Date: Apr 2005
Location: Navi Mumbai
Thanked: 38 Times
You can approach the registrar office for link documents for your property. I had bought a house few years back in Sec'bad. The bank had asked for the link documents and my broker had got them from the registar's office. I don't think it will cost you 20K for the same.
|5th September 2008, 22:29||#9|
Join Date: Apr 2005
Thanked: 24 Times
@dwarak - Normally in Pune, we builders call it as Title report.
This title report is prepared by a lawyer, who goes to the registrar office and checks the records for transactions on the same property.
Normally, when a piece of land is transfered, there is a documentation process set up by the British governors, to record that particular transaction with the local government. This is known as 7/12 extract ( form no. 7/12 ) - and whatever transactions take place - the previous owner's name is deleted and new name is recorded. These changes are recorded as 'Mutation entry' ( form no. 8 )
I would suggest you to approach a lawyer, who should charge around 8 to 10k Rs. but save you a lot of hassle ( going around in registrar offices checking for entries )
Edit : The names of forms that I've mentioned above may differ in Hyderabad ( only due to the lack of standardization )
Last edited by hkanitkar : 5th September 2008 at 22:36.
|5th September 2008, 23:02||#10|
Join Date: May 2008
Location: MegaBHPian* at Hyderabad
Thanked: 12 Times
Since yours is an apartment, the developer will definitely have it. He will just have one original copy which will be in the form of a bound book, from which you can get a true copy.
|5th September 2008, 23:40||#11|
Join Date: Nov 2004
Location: BOM, PNQ, DXB
Thanked: 21 Times
All property title investigation costs are to the buyer's account. The Link or title history or Index II (as called for apartments in Maharashtra) is a history of owners of the particular property.
Being in the sale and purchase of properties since 1988, you can be rest assured of the fact that the buyer satisfies himself. If he needs to be satisfied, he can incur the costs himself.
Simple as that, if you are in a position to deny the costs to your account you may, else if in need you could go ahead with your decision.
In all deals, the purchase history, approval history (municipal approval) and plan history (plan change and approval official documents) are always on the account of the buyer.
Hope this helps you in your hour of need, PM me if you require assistance.
|10th September 2008, 21:04||#12|
Senior - BHPian
Join Date: Jun 2007
Thanked: 143 Times
Link documents = prior title deeds. If you are the direct purchaser of the property / flat from the builder, you will NOT have any documents, except the sale deed from the buyer for the building, and probably, a deed from the (ex) owner of the land. The link documents, if insisted upon, would be the COPIES of the previous title deeds. You will get certified copies of them, from the registration office.
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